By-law No. 35, Maintenance and Improvements By-law
Approved by the Board of Directors September 30, 2013
Approved by the General Membership October 20, 2013
This by-law replaces Interior Maintenance and Improvements Policy (1995), Maintenance Responsibilities Policy (1984), Move-in/Move-out Policy (1984), and Paint Policy (2007).
0.0 ABOUT THIS BY-LAW
0.1 The purpose of this by-law is to ensure that member units are maintained in good order. This by-law also sets out the rights and responsibilities of members and the Co-op. Members should also refer to the Occupancy By-law.
0.2 This is a by-law as described in 15.1 of the Co-op’s Organizational By-law. Article 15.5 of the Organizational By-law explains how by-laws can be changed.
0.3 This by-law replaces Interior Maintenance and Improvements Policy (1995), Maintenance Responsibilities Policy (1984), Move-in/Move-out Policy (1984), and Paint Policy (2007).
1.0 GENERAL
1.1 Each member is responsible forany costs that the Co-op must pay because the member did not follow this by-law, or because the member’s guest or someone in their household was negligent or caused damage.
1.2 Responsibilities assigned to the General Manager in this by-law may be delegated to another staff member by the General Manager.
1.3 The Co-op will administer this by-law in a manner consistent with the Ontario Human Rights Code. Members and other residentswith disabilities are responsible for following the requirements of Ontario Human Rights Commission policies, beginning by notifying the General Manager of their needs for accommodation.
2.0 CO-OP RESPONSIBILITIES
2.1 The Co-op must keep all units, Co-op property, and all services and facilities of the Co-op in a good state of repair and fit for habitation. It must make sure that it meets all the legal standards of health, safety, maintenance, and occupancy.
2.2 The Co-op is responsible for the upkeep of the building and property. This includes, but is not limited to:
a) Regular inspection, maintenance, and cleaning of all areas other than members’ units.
b) Regular inspection and testing of the fire alarm system as required and correction of any deficiencies that are identified.
c) Regular inspection of members’ units.
d) Snow and ice removal from public sidewalks, main entrance walkways, stairs, and ramps.
e) Painting of the interior and exterior of the building.
f) Repairs to units and their components as requested through work orders, or identified through unit inspections, when repairs are required because of fair wear and tear. The General Manager decides what is fair wear and tear.
g) Repair and redecorations of units that are vacated, in accordance with this by-law.
h) Implementation of pest control measures as required.
i) Painting or repair of stucco ceilings.
j) Cleaning of inaccessible exterior windows.
k) Annual draining of exterior faucets on townhouse patios.
l) Protecting members’ health by minimizing exposure to harmful substances.
m) Changing light bulbs that are more thanone storey above the floor in members’ units.
2.3 When the Co-op does maintenance work in common areas, or when the Co-op does maintenance work inside units that may affect people outside the units, the Co-op will post notices in advance to inform residents and visitors.
3.0 MEMBER RESPONSIBILITIES
3.1 Individual members are responsible for the following:
a) Keeping their units and Co-op appliances reasonably clean.
b) Minor repairs within units (including clearing plugged toilets, changing light bulbs, replacing thermostat batteries).
c) Prompt reporting of the need or possible need for repairs to the Co-op using work orders.
d) Prompt reporting of the need or possible need for pest control to the Co-op using work orders, and cooperation in pest control measures taken by the Co-op.
e) Not disconnecting or painting smoke alarms, heat detectors, pull stations, or fire alarm speakers as this could endanger others and may lead to criminal charges.
f) Keeping front/back patios or balconies clean, tidy, and free of rubbish, including keeping patio vents uncovered.
g) Snow removal between the street access doors of townhouses and the public sidewalk.
h) Owning a toilet plunger.
i) Cleaning screens and interior windows.
j) Cleaning wooden thresholds (outside unit doors).
k) Knowing where their unit’s water shutoff valves and breaker panels are, and keeping them clear for emergency access.
l) Leaving their unit clean and in good order when moving out.
4.0 CHANGES TO UNITS
4.1 Members are responsible for checking by-laws and policies (available through the office) and for seeking permission, when required, before making changes to their units.
4.2 Members are responsible for any changes they make. Members may be required to reverse these changes and repair or pay for any damage when they move out, unless the changes are designated permanent improvements (seearticle 6). Incoming members may choose to accept changes made by the previous occupants in the unit. In this case, the incoming members become responsible for these changes. See article 8 for more about move-out requirements.
4.3 Structure
No modifications may be made to the structure, plumbing, or electrical wiring of the unit without permission in writing from the General Manager.
4.4 Floors
a) Members may not:
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sand, paint, varnish, or polyurethane any floors
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install tiles over ceramic-tile or wood floors
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install carpet using glue or nailing strips
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Floors
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Stucco ceilings
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Outside surface of unit doors and wooden thresholds
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Kitchen and bathroom cupboards, counters, and vanities (including inside surfaces) that are not already painted
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Tiles
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Sliding closet doors
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Any other surfaces not already painted
b) Members may install tiles over existing vinyl flooring.
c) Members may install carpet only if it is rubber-backed. Additional underlay is required to protect the floor.
4.5 Sliding Doors
a) To have solarium doors removed or reinstalled, members must submit a work order. Members may not remove solarium door tracks (on floors, walls, or ceilings). The Co-op does not reinstall solarium doors in units where the tracks have been removed because replacement tracks are no longer available for the existing doors.
b) To have sliding closet doors removed from a unit or reinstalled, members must submit a work order. Members may remove tracks for sliding closet doors.
4.6 Walls
a) For paint requirements, see article 7.
b) Members may install dry-strippable wallpaper or similar materials that attach with adhesive, but members will be responsible for removing any adhesive residue as well as the attached items, and for repairing any damage to walls.
c) Members may not install wall tiles.
4.7 Light Fixtures
Members may remove unit lighting fixtures. They must store the original fixtures and replace them on move-out.
4.8 Windows
Members must submit a work order to have windows removed to install air conditioners. They must store the windows or make storage arrangements with the Co-op so that the windows can be replaced at move-out. (See the Air Conditioning Policy for other requirements related to air conditioners.)
4.9 Cabinetry and Counters
Members may not remove, change, or attach items using adhesive to counters, cupboards, or vanities in kitchens or bathrooms.
4.10 Kitchen and Bathroom Fixtures
a) Members may not remove or replace toilets, bathtubs, sinks, or faucets.
b) Members may change showerheads and attach aerators, filters, and similar devices to faucets.
4.11 Keys and Locks
Members must not change their locks without written permission from the General Manager. See the Key & Access Policy for other requirements related to keys and locks.
5.0 APPLIANCES
5.1 Members may not remove or replace the refrigerator and stove supplied by the Co-op.
5.2 Members may not remove cabinets or counters to install appliances. Only portable units (not permanently attached to the Co-op’s plumbing) are allowed, as described in 5.4-5.6.
5.3 For air conditioners, see the Air Conditioning Policy.
5.4 The Co-op allows members to use some other major appliances (see 5.5-5.6) in their units. Before starting to operate these appliances, members must submit a work order so that the Co-op can check that these conditions are met:
a) Members must have insurance that covers accidental damagecaused by the appliances, with at least $1 million in personal liability coverage. Members must show the Co-op each year proof that they continue to have this coverage.
b) Appliances must be plugged directly into an outlet; extension cords are not allowed.
c) For dishwashers and clothes washers, check valves must be installed, at members’ expense, on cold and hot water lines by a plumber approved by the Co-op. Members must show the Co-op proof that this has been done.
To apply for permission to keep appliances that were already in members’ units when this by-law was passed, and that will be allowed to remain if they meet the requirements of this by-law, members must submit a work order within 30 days after the by-law was passed.
5.5 Dishwashers
Members may have portable dishwashers, if they meet the conditions in 5.4.
5.6 Clothes Washers
Portable clothes washers are allowed in townhouses, if they meet the conditions in 5.4, but not in other units.
Portable clothes washers that were already in non-townhouse units when this by-law was passed may be kept, if they meet the conditions in 5.4. They may not be replaced.
5.7 Clothes Dryers
Clothes dryers are not permitted in members’ units.
5.8 Washer/Dryers
Washer/dryer combinationsare not permitted in members’ units.
5.9 The Co-op reserves the right to remove any appliance that is unsafe.
6.0 PERMANENT IMPROVEMENTS
6.1 Articles 4 and 7 restrict the changes members are allowed to make in units (examples: wall tiles may not be installed; cupboard surfaces may not be covered or painted). Members who want to make changes that are restricted must ask the General Manager to make exceptions to the restrictions, with these conditions:
a) Members must send in a work order and receive permission before making the changes.
b) Members must pay for the changes.
c) The General Manager must consider the changes to be of net long-term benefit to the Co-op.
d) The General Manager must approve the proposed materials and must be assured that the work will be done correctly.
6.2 Members who are not in arrears may request upgrades on fixtures (example: kitchen cupboards) that the Co-op is replacing. Members who are not in arrears may request an upgraded fridge or stove (to be owned by the Co-op). If the General Manager considers an upgrade to be of net long-term benefit and approves it, the additional cost related to both material and installation must be paid by the member. The other provisions of this article apply.
6.3 If the General Manager agrees to allow the changes or upgrades, a written agreement designating them aspermanent improvementswill be filed. When the members move out of this unit, they will not be required to reverse the permanent improvements.
6.4 If the General Manager does not allow the changes or members do not ask for permission, the members may be required to reverse these changes and repair or pay for any damage when they move out.
6.5 Members who made changes of a type restricted by this by-law before the by-law was passed can ask the General Manager to look at the changes and designate them as permanent improvements, if they meet the conditions in 6.1(c) and (d). Members must ask for these after-the-fact designations within one year after the by-law passes. If members do not ask for the designation or the General Manager does not allow the changes, the members may be required to reverse these changes and repair or pay for any damage when they move out.
7.0 PAINTING
7.1 Members may choose to paint their units, at their own expense. The following conditions and restrictions apply.
7.2 Surfaces That Members May Not Paint
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Floors
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Stucco ceilings
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Outside surface of unit doors and wooden thresholds
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Kitchen and bathroom cupboards, counters, and vanities (including inside surfaces) that are not already painted
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Tiles
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Sliding closet doors
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Any other surfaces not already painted
7.3 Paint Colours
a) “Acceptably light colour” is a colour that, in the judgment of the General Manager, would not need to be coated with primer before a different colour could be painted over it. It is the member’s responsibility to check whether the paint they plan to use meets this definition.
b) Paint in colours other than acceptably light colours may be used in order to accommodate verifiable disabilities (such as visual impairment) of members and other residents. Articles 7.3 (c) and (d) do not apply in these instances.
c) Members may choose to use paints that are not acceptably light colours. In this case, they accept that they will be required to apply primer over them before vacating their unit, or have a fee deducted from their maintenance guarantee. See article 8 for more about move-out requirements.
d) Members may choose to accept paints used by the previous members in the unit that were not acceptably light colours. In this case, they accept that they will be required to apply primer over them before vacating their unit, or have a fee deducted from their maintenance guarantee. See article 8 for more about move-out requirements.
e) Non-stucco ceilings may be painted only in white. (To have stucco ceilings painted, submit a work order.)
7.4 Types of Paint
- Acceptable: latex only, low-VOC (volatile organic compounds) or no-VOC
- Not acceptable: textured paint, spray paint, stucco, oil-based paint, chalkboard paint
7.5 Paint Finishes
- For bathroom and kitchen walls and ceilings: high-gloss or semi-gloss
- For other walls: low-gloss or no-gloss
- For trim, moulding, painted doors: semi-gloss
7.6 Preparation and Process
a) Before painting, walls must be washed and properly prepared.
b) Members must use due care when painting. Drop cloths or similar protective coverings must be used. Switch and cover plates must be removed, and non-removable hardware such as electrical outlets, thermostats, fire alarm speakers, heat and smoke detectors, light fixtures, and window frames must be masked.
c) Using spray paint cans or spraying devices is not permitted.
d) Members and staff will keep unit doors closed and sealed as much as possible when painting to minimize the spread of fumes.
7.7 Disposal
Unwanted leftover paint should be taken to the basement and left in the hazardous waste area.
8.0 MOVING OUT
8.1 When a member gives notice of move-out, the General Manager will inspect the unit within 15 days.
8.2 Within two working days of completion of the inspection, the General Manager will provide the member with a list of any work that is the responsibility of the member, including any preparation of walls for painting (see 8.6) and also work that the Co-op will be completing.
8.3 The member will have 30 days from the date of the first inspection to complete the necessary work; then the General Manager will do a second inspection, if required.
8.4 The General Manager will complete a final inspection after the member moves out and determine whether the entire maintenance guarantee will be returned. The maintenance guarantee is the part of the member deposit that is equal to 40% of the housing charge.
8.5 The Co-op may use the maintenance guarantee to pay for repairs or heavy cleaning. Any costs in excess of the maintenance guarantee will be billed to the member.
8.6 The outgoing member is responsible for making sure that the walls of the unit are ready for painting as follows:
- Remove wall anchors and any similar picture hanging devices.
- Remove all wall coverings.
- Remove all adhesive residue due to wall coverings or picture hanging.
- Do not fill or patch holes (the Co-op will do this).
- Apply primer over any walls not painted in an acceptably light colour (see 7.3a), unless the incoming member agrees to accept the existing colour (see 7.3c).
8.7 If the outgoing member does not prepare the walls for painting as outlined in 8.6, a fee will be deducted from their maintenance guarantee. The fee schedule will be determined by the General Manager and will be available in the office. As part of the list of work given to the outgoing member after the first inspection (see 8.2), the member will be informed of the fee that will be owing if they do not prepare the walls for painting.
8.8 When the household moving into a vacated unit is new to the Co-op, the Co-op will paint the unit in an acceptably light colour selected by the General Manager, unless the General Manager determines that the existing paint is in satisfactory condition, or the incoming member accepts the paint as is, in writing (see 7.3).
8.9 Once this by-law is approved by the members at a duly constituted GMM, the fee schedule described in 8.7 will come into effect regardless of when the member painted their unit.
8.10 If members move out early to help the Co-op manage a chain of moves without vacancy loss, and the members are unable for this reason to complete tasks required by this by-law, the General Manager may reduce charges or fees to these members.
9 MOVE-IN INSPECTION
9.1 Within seven days before or after a move-in, the General Manager will do a unit inspection in the presence of the new member. Both the new member and theGeneral Manager will sign a report on the condition of the unit.